Wolff v. Hubert
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alfred Wolff, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of November, 1921, granting the defendant’s motion for a bill of particulars.
1Opinion of the Court
Page, J.:
While the notice of appeal is from the order and each and every part thereof, the plaintiff only asks for a modification of the order in three particulars. The notice of appeal incorrectly says that the defendant appeals from the order. Because of this the respondent claims that the notice of appeal is fatally defective and that the appeal must be dismissed. This mistake has not misled the defendant to his prejudice. It is very evident that he has not considered that he was the appellant because of being so designated. The notice of appeal is signed by the attorney for the plaintiff.…
2Cited by9 opinions
- State ex rel. Dedmon v. CarrollSupreme Court of Florida · 1963
- Arett Sales Corp. v. Island Garden Center of Queens, Inc.Appellate Division of the Supreme Court of the State of New York · 1966
- Gevinson v. Kirkeby-Natus Corp.Appellate Division of the Supreme Court of the State of New York · 1966
- Ferreri v. Dworman Associates, Inc.New York Supreme Court · 1962
- Afrecan v. Caledonian HospitalAppellate Division of the Supreme Court of the State of New York · 1967
4 more not listed; retrieve them via the Exa API.